MME Mediations-Hub

Alternative Dispute Resolution

Overriding objectives:

The focus of any conflict resolution is on achieving a mutual solution and preserving the relationship between the parties for continued collaboration. The rebuilding of direct and constructive communication between the parties is key to achieving these goals.

Typical process of mediation or facilitation:

Professional facilitation or mediation applies the classical techniques from mediation. The procedural design and flow are tailored to the conflict situation, the subject of the dispute, and the needs of the involved parties. The process typically follows the five phases below:

  1. Clarification of the mandate and procedure, and the conclusion of a mediation agreement between the parties and the mediator.
  2. Presentation of the relevant conflict issues by the parties; structuring and preparation of the collected issues for mediation.
  3. Litigation of positions and claims: clarification of the understanding interests behind each issue for the parties.
  4. Exploration and evaluation of common solution options for each issue and potential implementation methods.
  5. Conclusion agreement incorporating the identified common solutions.

 

The most important questions and answers can be found here:

  • What is mediation?

    Mediation is a legally recognized procedure for out-of-court conflict resolution (Art. 213 ff. Swiss ZPO). As neutral third parties, mediators help the parties involved in the conflict to resolve disputes amicably. They guide the parties impartially through the mediation process. Mediators do not make decisions, they merely mediate between the parties. The aim of mediation is for the parties to work out a viable, binding solution that is profitable for both sides.

  • When is mediation useful?

    In principle, mediation can be used in all conflict situations in which the parties are seeking a self-determined and amicable solution. Mediation is particularly helpful if the parties want or have to continue a private or business relationship with each other in the future. 
    Mediation is particularly common in conflicts in the areas of work, family, inheritance, construction and real estate. However, mediation in commerical disputes is also becoming increasingly popular in Switzerland . Experienced commercial lawyers with the appropriate training act as neutral mediators.

  • What are the advantages of mediation?

    • Participation in mediation is voluntary.
    • The parties play an active role and develop their own solutions.
    • Everything that is discussed during the mediation remains confidential.
    • The solutions are comprehensive, future-oriented and profitable for both sides.
    • The mediation process is efficient and cost-effective.
    • The relationships between the parties can be maintained and further developed.

  • What are the advantages over court proceedings?

    Compared to court proceedings, mediation is characterized by its efficiency in terms of time and money. It takes place in a private setting in which the focus is primarily on personal concerns rather than legal positions. The parties have the opportunity to choose the mediator themselves and work out a solution together. In the event of an agreement, both sides benefit - there is no loser. In contrast, a court ruling can create a winner-loser dynamic and potentially provoke further conflict.

  • How does mediation typically work?

    Mediation generally takes place in the following phases:

    1. A mediation agreement is concluded between the parties and the mediator. This sets out important issues relating to cooperation such as voluntariness, confidentiality, duration, costs etc.
    2. The relevant conflict issues that are to be settled in mediation are collected. The parties decide together when which points are to be dealt with.
    3. The needs and interests of the parties with respect to the collected issues are clarified. The aim is to understand the motives of the other party.
    4. The parties look for possible solutions. A wide range of options simplifies the development of a good solution.
    5. The parties evaluate and negotiate the best solution. This solution is recorded in a written agreement.

  • How long does mediation normally take?

    The duration of a mediation or the number of sessions required depends on the individual needs of the parties and the complexity of the situation.

  • Is the outcome of mediation legally binding?

    The results of a mediation only become binding once a final agreement has been drawn up and signed by all parties. Pursuant to Art. 217 Swiss ZPO, the parties can jointly apply for judicial approval of the agreement reached in mediation. The approved agreement has the effect of a legally binding decision. Approval will only be refused if the agreement is manifestly unlawful.

  • Mediation and/or lawyer?

    Under certain circumstances, mediation can replace the need for a lawyer. However, it often makes sense to combine mediation and legal advice, especially when it comes to the final review of a legally binding agreement.

  • What happens if no agreement can be reached?

    If no agreement can be reached, the parties remain free to choose other methods of dispute resolution, including court proceedings.

Learn more about our mediators:

Legal Partner
Certified Specialist SBA Inheritance Law, Mediator SBA, TEP, Mediator OFS (Dispute Resolution in the field of Financial Services Providers)

Dr. Balz Hösly
+41 44 254 99 73 / balz.hoesly@mme.ch

«It fascinates me to mediate as an expert moderator and bridge builder in conflicts between companies or individuals and to witness how suddenly new doors to the resolution of old problems can open.»

More about Balz Hösly

Legal Partner
Attorney at Law, Notary public (ZG), Dipl. International & Swiss Fund Officer, Mediator KSFM (Konstanzer Schule für Mediation)

Michèle Landtwing Leupi
+41 41 726 99 66 / michele.landtwing@mme.ch

«In the world of legal disputes and financial matters, mediation is the key to resolution. It's not about being right, but about finding a solution together that is fair and satisfactory for all parties involved.»

More about Michèle Landtwing Leupi

Legal Partner
Attorney at Law, MIBL, ArbP, Mediator KSFM (Konstanzer Schule für Mediation)

Dr. Jonatan Baier
+41 44 254 99 66 / jonatan.baier@mme.ch

«Mediation bietet eine einzigartige Möglichkeit, Konflikte konstruktiv, kreativ und effizient zu lösen. Als Mediator begleite ich die Parteien kompetent und bedacht in diesem Lösungsfindungsprozess.»

More about Jonatan Baier

Legal Associate
Attorney at Law, Mediator SKWM (Schweizer Kammer für Wirtschaftsmediation)

Mirjam Arnold
+41 44 254 99 66 / mirjam.arnold@mme.ch

«Offering support in conflict-laden situations and guiding the parties out of seemingly insoluble circumstances characterizes mediation. It is very enriching for us to accompany our clients in these processes.»

More about Mirjam Arnold